Allowed babies, parents and extended families to remain on Australian mainland ... Immigration and Border Protection Minister Scott Morrison made the announcement before a court ruling. He said I was a one-off arrangement. Picture: Gary Ramage Source: News Corp Australia

Immigration Minister Scott Morrison announced on Thursday the babies and their families would not be transferred back to the Nauru detention centre.

His announcement came before the full bench of the Federal Court’s judgment of the baby Ferouz case, which was due to be handed down in Brisbane at 4pm.

Baby Ferouz was born just more than a year ago in Brisbane’s Mater Hospital to Rohingya parents from Myanmar, who arrived on Christmas Island in September last year.

The boy’s mother, Latifar, was flown from Nauru to Brisbane to give birth following complications during pregnancy.

Will not be moved to Nauru detention centre ... Asylum seeker Latifar with her baby Ferouz who was born at The Mater Hospital, Brisbane. Source: Supplied

The Australian government argued Ferouz could not apply for a protection visa because he was an unauthorised maritime arrival Now, however, Mr Morrison says the 31 babies’ claims for refugee protection will be assessed as part of a legacy caseload of 30,000 asylum seekers who arrived under the previous Labor government. Eighty family members related to the babies will also get to stay in Australia.

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Senate crossbencher Ricky Muir won the concession from Mr Morrison in exchange for his support of controversial migration law changes that passed the upper house in December.

But it’s a “special one-off arrangement”, the minister said.

Mr Morrison said pregnant asylum seekers transferred to Australia who had not given birth before Thursday would be returned to Nauru with their babies at an appropriate time.

Babies born to asylum-seeker parents on the Australian mainland in future would also be returned to detention on Nauru.

Law firm Maurice Blackburn, which represents baby Ferouz’s family and other asylum seeker babies, welcomed the announcement. “These babies were entitled to have their claims for refugee status considered and they should not be taken away to languish in detention in Nauru,” a spokeswoman told AAP.

Senator Muir said the announcement gave much needed certainty and relief to the families.

But he still had concerns for other children and families in detention on Nauru.

He will discuss the issue with Mr Morrison in early 2015.